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section twenty-eight (28), and along the north lines of sections twenty-nine (29) and thirty (30), town twenty-nine (29), north of range twenty-two (22) west, and along the north line of section twenty-five (25), town twenty-nine (29), north of range twentytbree (23) west, to the northwest corner of said section twenty-five (25), thence north along the east line of section twenty-three (23), town twenty-nine (29), north of range twenty-three (23) west, to the north-east corner of said section twenty-three (23), thence west along the north line of said section twenty-three (23), and along the north line of section twenty-two, town twenty-nine (29), north of range twenty-three (23) west, to the quarter-section corner on the north line of said section twenty-two (22), thence south along quarter-section line to the quarter-section corner on the south line of said section twenty-two (22), thence south to the south-west corner of the north half of the north-east quarter of section twentyseven (27), town twenty-pine (29), north of range twenty-three (23) west, thence east along the south line of said north half of said north-east quarter of said section twenty-seven (27), town twentynine (29), range twenty-three (23) west, to the west line of section twenty-six (26,) town twenty-nine (29), north of range twentythree (23) west, thence south along the west lines of sections twentysix (26) and thirty-five (35), town twenty-nine (29), north of range twenty-three (23) west, and along the west lines of sections IWO (2) and eleven (11), town twenty-eight (28), north of range twenty-three (23) west, to the south-west corner of said section eleven (11), thence east along the south line of said section eleven, (11), to the centre of the Mississippi River, thence along the centre of the Mississippi River to the point of beginning, and including Harriet, Barnes, Raspberry and Boal's Islands.
Sec. 3. The said city shall be divided into five wards, to be called the First, Second, Third, Fourth and Fifth wards, limited and bounded as follows: All the district of country and territory east of the middle of Broadway and Mississippi streets and the New Capada road, extending from the Mississippi river to the northern boundary of the city, shall be the Fifth ward. All the district of country and territory between the west line of the Fifth ward and a line commencing at the Mississippi river and extending along the center of Jackson and Sylvan streets, and thence due north to the northern boundary of the city shall be the First ward. All the district of country and territory between the west line of the First ward, south of Minnebaba street, and a line commencing at the Mississippi river and extending along the centre of Wabasha street to its terminus, thence along the centre of Bluff street to the line dividing blocks seven and eight (7 and 8), in Ewing and Chute's addition, thence north along said line to the center of Aurora ave. nue, thence along the center of Aurora avenue to the center of Park avenue, thence along the center of Park avenue to the center Minnehaha street, thence along the center of Minnehaha street to the westerly line of the First ward, shall be the Second ward. A the district and country between the west line of the Second waru and a line commencing at the Mississippi river and extending up the center of Eagle street to the center of Exchange street, thence along the center of Exchange street to the center of Third street, thence along the center of Third street to its intersection with Dayton and Summit avenues, thence along the center of Summit avenue to the center of Rice street, thence along the center of Rice street to 10 northern terminus, thence due north to the northern boundary of the city, thence east along said northern boundary to the west line of the First ward, thence south along said west line to the center of min nehaha street, thence along the center of Minnehaba street to the center of Park avenue, shall be the Third ward. The Fourth waru shall comprise all the district of country and territory lying west of the west line of the Third ward, and east of the west line of the city, and extending north from the center of the Mississippi river, includ. ing Harriet island, to the north line of the city.
SEC. 4. The common council of said city may change the bounda. ries of the several wards in said city, or increase the number of such wards, by ordinance for that purpose ; but no such change or increase shall be made within three months prior to the date of 8 general or charter election in said city, or a special election in a ward.
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SECTION 1. There shall be an annual election by the qualified electors of said city, for elective officers hereinafter provided, held on the second Tuesday of December in each year, in each election district in said city, now or hereafter established, and at such place or places in such election districts as the common council shall designate; and the polls shall be kept open from nine o'clock in the forenoon until five o'clock in the afternoon; and ten days previous notice shall be given by the common council of the time and place of holding such election, and of the officers to be elected. Eacb ward of said city, now or hereafter established, shall be an election district: Provided, That the common council shall, where the same has not already been done, divide each and every ward of said city, now or hereafter to be established, into two or more election districts, which shall be numbered as the first, second, &C.,
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election district of such ward. And provided further, That the common council shall have the power, at any time, thirty days prior to any election, to alter or change any election district, or establish additional election districts, in any ward. All annual elections whether for "state and county officers," or "city," or "municipal officers,” within said city, shall thereupon be held in such election districts, anything in said charter of said city, or of any general law to the contrary notwithstanding; Provided, That such division into such election districts, shall be made at least thirty days prior to the election to be held therein respectively.
SEC. 2. The elective officers in said city shall be a mayor, city treasurer, city controller, city attorney, and justice of the peace for said city, who shall be styled city justice ; all of which said officers shall be residents within and qualified voters of said city. Each ward shall elect three aldermen, one justice of the peace, and one constable, who shall be residents in and qualified voters of the ward for which they may be elected. All other officers necessary for the proper management of the affairs of said city, and not otherwise provided for in this act, shall be appointed by the common council. At every annual election for city officers, there shall be elected one alderman from each ward, who shall hold bis office for three years. The city attorney, the city justice, and the justice of the peace and copstables in each ward, shall hold their offices for two years and until their successors are elected, and qualified. The city controller shall hold his office for the term of four years, and until his successor is elected and qualified. The city treasurer shall hold his office for the term of two years, and until his successor is elected and qualified. Provided, That the present city treasurer shall hold his office for the term of two years from the first day of January, eighteen hundred and seventyfour.
Seo. 3. Every person appointed to any office by the common council, or elected to any office by the people, may be removed from such office by a vote of two-thirds of all the aldermen authorized to be elected. But no officer elected by the people shall be removed except for cause, nor unless first furnished with, and notified of the charges, nor until such person shall have had a reasonable opportunity to be heard in his defence. The common council shall have power to fix a time and place for the trial of such officer, of which not less than ten days' notice shall be given, and to compel the attendance of witnesses and the production of papers, and to hear and determine the case; and if such officer shall neglect to appear and answer to such charge, the common council may declare the office vacant.
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Sec. 4. Whenever a vacancy shall occur in the office of any elective officer of said city, such vacancy shall be filled by the appointment by the common council of said city, until the next annual election ; and the successor of such person so appointed to fill any vacancy aforesaid, shall be elected at the next annual election for the unexpired term.
Sec. 5. All elections by the people shall be by ballot, and each ballot shall contain all the names of the persons voted for, with a proper designation of the office, written or printed thereon, and a plurality of votes shall constitute an election. When two or more persons shall receive an equal number of votes for the same office, the election shall be determined by the casting of lots in the presence of the common council, at such time and in such manner as they shall direct.
Sec. 6. All persons entitled to vote for state and county officers, and who shall have resided for ten days next preceding the election in the election district where they offer their vote, shall be entitled to vote for any officer elected under this law, and to hold any office hereby created. The common council of said city shall each year, in sufficient time before each annual election, whether for state, county or city officers, and for every annual election, appoint three qualified electors in each election district of said city to be judges of election in their respective districts, for all state, county, city or municipal officers, or otherwise, each of whom shall be of opposite party if practicable, and the said judges in each elective district aforesaid, shall appoint two qualified electors in their elective districts respectively, to be clerks of such elective districts respectively and of opposite party if practicable. Said elections shall be held and conducted in the manner and under the same penalties as required by the laws of the state regarding elections; excepting that the returns for all city elections shall be made to the city clerk. All vacancies of any of the judges or clerks aforesaid, may be filled by appointment of the said common council, or in case of their omission so to do, by the remaining judge or judges.
SEC. 7. Special elections to fill vacancies, or for any other purpose, shall be held and conducted by the officers appointed in accordance with the preceding section, in the same manner, and the returns thereof shall be made in the same form and manner as general and annual elections, and within such time as may be prescribed by resolution.
SEC. 8. Any officer removing from the city or ward for which he was elected, or any officer who shall neglect or refuse, for ten days after notice of his election or appointment, to enter upon the discharge of the duties of his office, sball be deemed to have vacated his office, and the common council shall proceed to fill vacancy as herein prescribed.
Sec. 9. The term of any officer hereafter elected under this law, unless otherwise provided for, shall commence on the first day of January next succeeding his election, and shall, unless otherwise provided, continue for two years, and until his successor is elected and qualified.
Sec, 10. Should there be a failure by the people to elect any officer herein required to be elected on the day designated, the common council may order a new election to be held, ten days' notice of the time and place of holding the election being first given.
CITY OFFICERS, THEIR POWERS AND DUTIES.
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SECTION 1. Every person elected or appointed to any office under this act, shall, before he enters upon the duties of his office, take and subscribe an oath of office, and file the same, duly certified by the officer taking the same, with the clerk of the city; and treasurer, clerk, controller, and such other officers as the common council may direct, shall severally, before they enter upon the duties of their respective offices, execute to the city of Saint Paul a bond, with at least two sureties, each of whom shall take an oath that he is worth the amount stated in the affidavit, over and above all his debts, exemptions or liabilities, which shall in the aggregate be equal to the penalty of the bond, and said bonds shall contain such penal sum, and such conditions as the common council may deem proper; and they may from time to time require new or additional bonds, and remove from office any officer refusing or neglecting to give the same.
SEC. 2. The mayor shall take care that the laws of the state and the ordinances of the city are duly observed and enforced, and that all other executive officers of the city discharge their respective duties. He shall from time to time give the common council such information and recommend such measures as he may deem advantageous to the city. All ordinances and resolutions shall, before they take effect, be presented to the mayor, and if he approves thereof, he shall sign the same; and such as he shall Dot sign he shall return to the common council, with his objections thereto, by depositing the same with the city clerk, to be presented to the common council at their next meeting thereafter. Upon the return of any ordinance or resolution by the mayor, the vote by which the same was passed shall be reconsidered, and if, after such consideration, the common council shall pass the same by a vote of two-thirds, it shall have the same effect as if approved by the mayor; and in such case the vote shall be by yeas and
on and recomity. All ordinances the mayor, and